SENATE AMENDMENT
    Bill No. CS for CS for SB 248   Barcode 903668
    Amendment No. ___
                            CHAMBER ACTION
              Senate                               House
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11  Senator Saunders moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 16, between lines 2 and 3,
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16  insert:  
17         Section 8.  Subsection (1) of section 938.01, Florida
18  Statutes, as amended by section 40 of chapter 2000-171, Laws
19  of Florida, is amended to read:
20         938.01  Additional Court Cost Clearing Trust Fund.--
21         (1)  All courts created by Art. V of the State
22  Constitution shall, in addition to any fine or other penalty,
23  assess $3 as a court cost against every person convicted for
24  violation of a state penal or criminal statute or convicted
25  for violation of a municipal or county ordinance. Any person
26  whose adjudication is withheld pursuant to the provisions of
27  s. 318.14(9) or (10) shall also be assessed such cost. In
28  addition, $3 from every bond estreature or forfeited bail bond
29  related to such penal statutes or penal ordinances shall be
30  forwarded to the Treasurer as described in this subsection.
31  However, no such assessment may be made against any person
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 248   Barcode 903668
    Amendment No. ___
 1  convicted for violation of any state statute, municipal
 2  ordinance, or county ordinance relating to the parking of
 3  vehicles.
 4         (a)  All such costs collected by the courts shall be
 5  remitted to the Department of Revenue, in accordance with
 6  administrative rules adopted by the executive director of the
 7  Department of Revenue, for deposit in the Additional Court
 8  Cost Clearing Trust Fund and shall be earmarked to the
 9  Department of Law Enforcement and the Department of Community
10  Affairs for distribution as follows:
11         1.  Two dollars and seventy-five cents of each $3
12  assessment shall be deposited in the Criminal Justice
13  Standards and Training Trust Fund, and the remaining 25 cents
14  of each such assessment shall be deposited into the Department
15  of Law Enforcement Operating Trust Fund and shall be disbursed
16  to the Bureau of Public Safety Management of the Department of
17  Law Enforcement Community Affairs.
18         2.  Ninety-two percent of the money distributed to the
19  Additional Court Cost Clearing Trust Fund pursuant to s.
20  318.21 shall be earmarked to the Department of Law Enforcement
21  for deposit in the Criminal Justice Standards and Training
22  Trust Fund, and 8 percent of such money shall be deposited
23  into the Department of Law Enforcement Operating Trust Fund
24  and shall be disbursed to the Bureau of Public Safety
25  Management of the Department of Law Enforcement Community
26  Affairs.
27         (b)  The funds deposited in the Criminal Justice
28  Standards and Training Trust Fund and the Department of Law
29  Enforcement Operating Trust Fund may be invested. Any interest
30  earned from investing such funds and any unencumbered funds
31  remaining at the end of the budget cycle shall remain in the
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 248   Barcode 903668
    Amendment No. ___
 1  respective trust fund until the following year.
 2         (c)  All funds in the Criminal Justice Standards and
 3  Training Trust Fund earmarked to the Department of Law
 4  Enforcement shall be disbursed only in compliance with s.
 5  943.25(9).
 6         Section 9.  Subsection (1) of section 943.25, Florida
 7  Statutes, as amended by section 42 of chapter 2000-171, Laws
 8  of Florida, is amended to read:
 9         943.25  Criminal justice trust funds; source of funds;
10  use of funds.--
11         (1)  The Department of Law Enforcement Community
12  Affairs may approve, for disbursement from the Department of
13  Law Enforcement its Operating Trust Fund, those appropriated
14  sums necessary and required by the state for grant matching,
15  implementing, administering, evaluating, and qualifying for
16  such federal funds. Disbursements from the trust fund for the
17  purpose of supplanting state general revenue funds may not be
18  made without specific legislative appropriation.
19         Section 10.  The Criminal Justice Program is
20  transferred from the Department of Community Affairs to the
21  Department of Law Enforcement by a type two transfer, pursuant
22  to section 20.06(2), Florida Statutes. The Criminal Justice
23  Program so transferred is comprised of the Byrne State and
24  Local Law Enforcement Assistance Program, Local Law
25  Enforcement Block Grants, the Drug-Free Communities Program,
26  Residential Substance Abuse Treatment for State Prisoners, the
27  Bulletproof Vest Program, the Guantanamo Bay Refugee and
28  Entrant Assistance Program, the National Criminal History
29  Improvement Program, and the Violent Offender Incarceration
30  and Truth-in-Sentencing Program.
31         Section 11.  The Department of Law Enforcement may
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 248   Barcode 903668
    Amendment No. ___
 1  adopt rules necessary for the operation of the criminal
 2  justice program.
 3         Section 12.  (1)  The Prevention of Domestic and Sexual
 4  Violence Program is transferred from the Department of
 5  Community Affairs to the Department of Children and Family
 6  Services by a type two transfer, pursuant to section 20.06(2),
 7  Florida Statutes. The Domestic and Sexual Violence Program so
 8  transferred is comprised of the Governor's Task Force on
 9  Domestic and Sexual Violence and the Violence Against Women
10  Program.
11         (2)  From the funds deposited into the Department of
12  Law Enforcement Operating Trust Fund pursuant to section
13  938.01(1)(a)1. and 2., Florida Statutes, the Department of Law
14  Enforcement shall transfer funds to the Department of Children
15  and Family Services to be used as matching funds for the
16  administration of the Prevention of Domestic and Sexual
17  Violence Program transferred from the Department of Community
18  Affairs. The amount of the transfer for fiscal year 2001-2002
19  shall be determined by the Governor's Office of Planning and
20  Budgeting in consultation with the Department of Community
21  Affairs, the Department of Law Enforcement, and the Department
22  of Children and Family Services and shall be based on the
23  historic use of these funds and current needs of the
24  Prevention of Domestic and Sexual Violence Program. In
25  subsequent years, the transfer of funds shall be based on the
26  amount appropriated.
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28  (Redesignate subsequent sections.)
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 248   Barcode 903668
    Amendment No. ___
 1  ================ T I T L E   A M E N D M E N T ===============
 2  And the title is amended as follows:
 3         On page 1, line 19, after the semicolon
 4  
 5  insert:
 6         amending s. 938.01, F.S.; providing for
 7         distribution of court costs to the Department
 8         of Law Enforcement Operating Trust Fund;
 9         amending s. 943.25, F.S.; authorizing the
10         Department of Law Enforcement to disburse funds
11         from its Operating Trust Fund for certain
12         purposes; providing a transfer of the Criminal
13         Justice Program from the Department of
14         Community Affairs to the Department of Law
15         Enforcement; providing for the latter
16         department to adopt rules relating to the
17         program; providing a transfer of the Prevention
18         of Domestic and Sexual Violence Program from
19         the Department of Community Affairs to the
20         Department of Children and Family Services;
21         providing a transfer of moneys from the
22         Department of Law Enforcement Operating Trust
23         Fund to the Department of Community Affairs;
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